Sunday, June 26, 2011

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  • diptam
    07-06 12:48 PM
    For last few year...
    "Backlog - retrogression - Can't process more than 1 case in 1 week, have patience guys...."

    And Today ...
    "Yes we can process 25000 cases in 48 hrs , that's called efficiency "

    An we keep on accepting whatever is slapped on us and who knows what will be said to us in future.... "guys go home" ???

    I wonder what.....something is coooking and they will be some changes soon. I have a feeling they are in fear of the lawsuit and media coverage as this thing has in fact taken off....




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  • santb1975
    05-24 07:19 AM
    Please contribute




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  • eastindia
    04-29 05:40 PM
    Can I call now? When will office close?




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  • gc_maine2
    04-04 10:27 AM
    :confused::confused:

    I am excerpting Internal Revenue Code Section 1361 below:
    Internal Revenue Code
    � 1361 S corporation defined.


    (a) S corporation defined.

    (1) In general.
    For purposes of this title, the term �S corporation� means, with respect to any taxable year, a small business corporation for which an election under section 1362(a) is in effect for such year.

    (2) C corporation.
    For purposes of this title, the term �C corporation� means, with respect to any taxable year, a corporation which is not an S corporation for such year.

    (b) Small business corporation.

    (1) In general.
    For purposes of this subchapter, the term �small business corporation� means a domestic corporation which is not an ineligible corporation and which does not�

    (A) have more than 100 shareholders,

    (B) have as a shareholder a person (other than an estate, a trust described in subsection (c)(2) , or an organization described in subsection (c)(6) ) who is not an individual,

    (C) have a nonresident alien as a shareholder, and
    (D) have more than 1 class of stock.

    (2) Ineligible corporation defined.
    For purposes of paragraph (1) , the term �ineligible corporation� means any corporation which is�

    (A) a financial institution which uses the reserve method of accounting for bad debts described in section 585 ,

    (B) an insurance company subject to tax under subchapter L,

    (C) a corporation to which an election under section 936 applies, or

    (D) a DISC or former DISC.

    There is no mention here that the "resident" must be a permanent resident.

    Here is an excerpt of the Federal Regulation that defines who is a "resident alien" for taxation purposes:

    Reg �1.871-2. Determining residence of alien individuals.
    Caution: The Treasury has not yet amended Reg � 1.871-2 to reflect changes made by P.L. 108-357

    (a) General. The term �nonresident alien individual� means an individual whose residence is not within the United States, and who is not a citizen of the United States. The term includes a nonresident alien fiduciary. For such purpose the term �fiduciary� shall have the meaning assigned to it by section 7701(a)(6) and the regulations in Part 301 of this chapter (Regulations on Procedure and Administration). For presumption as to an alien's nonresidence, see paragraph (b) of �1.871-4.

    (b) Residence defined. An alien actually present in the United States who is not a mere transient or sojourner is a resident of the United States for purposes of the income tax. Whether he is a transient is determined by his intentions with regard to the length and nature of his stay. A mere floating intention, indefinite as to time, to return to another country is not sufficient to constitute him a transient. If he lives in the United States and has no definite intention as to his stay, he is a resident. One who comes to the United States for a definite purpose which in its nature may be promptly accomplished is a transient; but, if his purpose is of such a nature that an extended stay may be necessary for its accomplishment, and to that end the alien make his home temporarily in the United States, he becomes a resident, though it may be his intention at all times to return to his domicile abroad when the purpose for which he came has been consummated or abandoned. An alien whose stay in the United States is limited to a definite period by the immigration laws is not a resident of the United States within the meaning of this section, in the absence of exceptional circumstances.

    Here is the relevant Federal Regulation on Proof of Residence for determining status for tax purposes:

    Reg �1.871-4. Proof of residence of aliens.
    (a) Rules of evidence. The following rules of evidence shall govern in determining whether or not an alien within the United States has acquired residence therein for purposes of the income tax.

    (b) Nonresidence presumed. An alien, by reason of his alienage, is presumed to be a nonresident alien.

    (c) Presumption rebutted.

    (1) Departing alien. In the case of an alien who presents himself for determination of tax liability before departure from the United States, the presumption as to the alien's nonresidence may be overcome by proof�

    (i) That the alien, at least six months before the date he so presents himself, has filed a declaration of his intention to become a citizen of the United States under the naturalization laws; or

    (ii) That the alien, at least six months before the date he so presents himself, has filed Form 1078 or its equivalent; or

    (iii) Of acts and statements of the alien showing a definite intention to acquire residence in the United States or showing that his stay in the United States has been of such an extended nature as to constitute him a resident.

    (2) Other aliens. In the case of other aliens, the presumption as to the alien's nonresidence may be overcome by proof�

    (i) That the alien has filed a declaration of his intention to become a citizen of the United States under the naturalization laws; or

    (ii) That the alien has filed Form 1078 or its equivalent; or

    (iii) Of acts and statements of the alien showing a definite intention to acquire residence in the United States or showing that his stay in the United States has been of such an extended nature as to constitute him a resident.

    (d) Certificate. If, in the application of paragraphs (c)(1)(iii) or (2)(iii) of this section, the internal revenue officer or employee who examines the alien is in doubt as to the facts, such officer or employee may, to assist him in determining the facts, require a certificate or certificates setting forth the facts relied upon by the alien seeking to overcome the presumption. Each such certificate, which shall contain, or be verified by, a written declaration that it is made under the penalties of perjury, shall be executed by some credible person or persons, other than the alien and members of his family, who have known the alien at least six months before the date of execution of the certificate or certificates.




    (c) Application and effective dates. Unless the context indicates otherwise, ��1.871-2 through 1.871-5 apply to determine the residence of aliens for taxable years beginning before January 1, 1985. To determine the residence of aliens for taxable years beginning after December 31, 1984, see section 7701(b) and ��301.7701(b)-1 through 301.7701(b)-9 of this chapter. However, for purposes of determining whether an individual is a qualified individual under section 911(d)(1)(A), the rules of ��1.871-2 and 1.871-5 shall continue to apply for taxable years beginning after December 31, 1984. For purposes of determining whether an individual is a resident of the United States for estate and gift tax purposes, see �20.0-1(b)(1) and (2) and � 25.2501-1(b) of this chapter, respectively.


    In summary, I submit to you that if you work in the US for more than 6 months out of a given year, you are a resident alien, and therefore are eligible to set up an S-Corp.

    Since I am still learning about this, any input/feedback/logical arguments with relevant proof/citations would be appreciated!


    Very good info, thanks for the posting. BUt its still not clear whether the spouse who is on EAD and does not work at all or for that matter 6 months in a given year, will she/he be eligible for setting up a S -corp??

    Thanks
    sree



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  • ramus
    09-09 09:49 AM
    Thanks for both, contributon and coming to rally....

    My Contribution of $100 sent in today by Google. Will be attending the 18th Rally.
    C U Guys!.




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  • gc_aspirant_prasad
    07-05 12:13 PM
    I had called my congressman & the senators from my state.
    They didnt know anything about this so I requested them to study Congresswoman Zoe Lofgren s statement along with telling them my story - expenses, time lost, travel cancelled etc.



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  • mmk123
    05-03 02:09 PM
    Just called offices of the following senators, spoke with the assistants, explained my position and left a message. Most of them have no position yet till more details about the legislation comes in. As details unfold in nearby future, I will actually try to go meet my local senators - they are key for this legislation. Last yr, I had met my local congressman's assistant.

    Senator Scott Brown (R-Massachusetts)
    Senator Judd Gregg (R-New Hampshire)
    Senator Richard Lugar (R-Indiana)
    Senator Jim Webb (D-Virginia)
    Senator Sheldon Whitehouse (D-Rhode Island)
    Senator Amy Klobuchar (D-Minnesota)
    Senator John Cornyn (R-Texas)

    Thanks!




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  • bsbawa10
    09-12 10:03 AM
    The campaign will fail in my opinion. Because anytime you ask people to spend money, many will not. Such activity and motivation for the campaign will die out next week when visa bulletin fever is over. We will again get agitated next month same time. So unless we figure out a campaign idea that costs us no money, it is bound to fail. I am for a phone call campaign. Or if we really want to do something big, we should do a rally in DC with 10 thousand members.


    I agree that calculator /flower campaign can fail. But poster (actually pamphlet) and letter campaign will cost only 41 cents stamp from us.



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  • ksrk
    02-26 02:02 PM
    On what basis you are saying that? Do you have any data/links to support this?

    That's my question too! Just speculation or based on something solid?




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  • spicy_guy
    10-22 10:04 AM
    Is there a chance or is is possible at all PERM could complete in less than 3-4 months? Or is there a minimum timeframe?



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  • Milind123
    09-12 05:29 PM
    Hi IV members,
    Thanks for all the work and effort put into making the life of many simple.
    Just made a small contribution from my side
    Details
    $100 from paypal Receipt ID: 0140-0216-9540-2146
    Thanks
    -Ska

    Way to go first post and a contribution.




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  • krishjack
    03-26 07:38 PM
    PD Sept 2003
    45 days letter received/replied on March/23/2006
    RIR EB3, filed in MD. Now in Philladelphia BEC



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  • singhsa3
    09-12 01:50 PM
    These are all good thoughts but what u are suggesting takes some time.
    The issue has two legs:
    Leg 1: Process fix
    Leg 2: Increasing number of greencards

    What I am talking about is leg 1 and what you are talking about is for leg 2
    and both are required.

    Sanjeev - I personally feel there is no easy solution for this. Our efforts must be well organized and there has to be geniune effort. A lot of people who post here are all frustrated and angered and they channelize their anger and frustration through these forums whereas instead if it is channelized in a positive way - our campaigns will be more effective and we can reach our goals.




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  • mohitb272
    09-13 11:18 AM
    Guys, I wont be able to make it to DC since I have a FP appointment on that date but I made my contribution of $100. Good luck!!!

    Business Name:
    Immigration Voice (The recipient of this payment is Verified)
    Email:
    donations@immigrationvoice.org

    --------------------------------------------------------------------------------

    Total Amount:
    -$100.00 USD

    --------------------------------------------------------------------------------



    Item Amount:
    $100.00 USD
    Shipping:
    $0.00 USD
    Handling:
    $0.00 USD
    Quantity:
    1
    Item Title:
    Contributions
    Item Number:
    Contributions
    Date:
    Sep. 13, 2007
    Time:
    08:37:31 PDT
    Status:
    Completed



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  • funny
    07-14 03:19 PM
    To: IV
    Amount: $ 10.00
    Payment Date: July 15, 2008

    Reference Number: 10011




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  • Macaca
    09-13 09:45 PM
    After Protest, U.S. to Take Green Card Applications (http://immigrationvoice.org/forum/showpost.php?p=121583&postcount=753) By Xiyun Yang Washington Post Staff Writer, July 18, 2007
    Government Does U-Turn on Green Cards (http://immigrationvoice.org/forum/showpost.php?p=121613&postcount=755) By SUZANNE GAMBOA (sgamboa@ap.org) | Associated Press Writer, Jul 17
    U.S. Reverses Visa Stance In Bid to Fix July Mix-Up (http://immigrationvoice.org/forum/showpost.php?p=122142&postcount=760) By Miriam Jordan (miriam.jordan.wsj.com) | The Wall Street Journal, July 18 2007
    U.S. immigration relaxes rule for "green card" seekers (http://immigrationvoice.org/forum/showpost.php?p=121600&postcount=754) By JoAnne Allen (joanne.allen@reuters.com) | Reuters, Jul 17, 2007
    Microsoft backs cricket to woo Indian employees (http://immigrationvoice.org/forum/showpost.php?p=162410&postcount=124) By Daisuke Wakabayashi (Daisuke.Wakabayashi@reuters.com) | Reuters, Mon Sep 10, 2007
    Skilled Workers Win Reversal of Decision on Green Cards (http://immigrationvoice.org/forum/showpost.php?p=122141&postcount=759) By JACQUELINE PALANK (jpalank@nytimes.com) | New York Times, July 18, 2007



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  • psaxena
    06-11 04:34 PM
    hey if you know more about goa, please PM me , I want to retire their.. I was in Goa in 1993. It was beautiful that time..

    Although I can think of better drinks, and Goa isn't what it used to be any more. :)

    jazz




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  • logiclife
    07-06 12:10 PM
    There's nothing new there. Its silly actually. The later bulletin supersedes the previous bulletin and everyone knows that.

    But they are just connecting the "flip" and the "flop" of their flip-flop of visa bulletin. They are saying that if you read "Flip", then "Flop" must be read too and if you read "Flop", then "Flip" must be read too, in order to make sense of the Flip-Flop.

    Its like saying "I voted for current visa bulletin before I voted against it".




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  • Macaca
    01-06 07:38 PM
    how come are you working in a university that's giving admissions to such a bunch of crappy folks...!!?? Given this fact, can we also safely assume that the university you are teaching-in is a Crappy one, which could only attract the bottom pile from your above list of crappy-universities??

    Univs take business decisions. Enrollment generates revenue through tuition. Some states also pay State Schools for each registered credit.

    Univs have to admit whatever is available. Some crappy students (foriegn + American) have to be admitted. Some state schools have very low requirements for in-state students. There is no choice.

    Further, these students have to graduate. Once again, there is no choice.

    For most departments, faculty quality is independent of student quality.




    indio0617
    03-09 09:54 AM
    How many senators are present in the meeting today ?




    conundrum
    03-12 02:42 PM
    It will be great if everyone who comes to IV contributes. That would be the ideal case scenario. But I think if there were specific donation drives like the one that is on going, then I believe a lot of people who believe in that cause would contribute and others who dont, wont!

    Now, in this donor's only club that IV is proposing to have, what does the core have in mind. Is that going to be a forum where exclusive information is provided? What is the incentive for a "donor" to visit the general public forum? If the "donor"s dont visit the general forum arent you effectively killing off the general forum?

    Like I had posted earlier, what stops a donor from making whatever is there in the donors only forum made available to everyone? Isnt this going to cause more divisions within IV?

    Instead of forum for donors wouldnt it make more sense to have additional features made available to donors? Say, like having the ability to ask questions to a immigration lawyer or if any lawmaker is ready to answer quetions, the ability to post questions to them. I am all for donors getting a little bit of extra perks, but to have seperate forum... I am not sure if that is the best way for IV to go abt.


    Yes. I agree. We had to do this because we saw that even after running a drive for FOIA that helps every member we could not reach the goal yet. This data will be sought by all of us but if we are not ready to support the effort, it will be tough to invest in it. The subscriptions will help us continue IV initiatives with more zeal and we will know that a lot of members support us.



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